EPA National News: EPA Press Advisory: (1) EPA Report: 2004 Cars and Trucks Average 20.8 MPG; No Change from 2003; (2) Proposal Seeks Comment on Clarified Language Used on Public Health Mosquito Control Product Labels; (3) Grants Awarded to Fund Biological Pesticide Demonstration Projects; (4) Proposals for Research on Endocrine Disrupting Chemicals Requested; (5) 13 Small Businesses and Congregations Awarded for Promoting Energy Efficiency; (6) Alabama Man Sentenced to 41 Months in Counterfeit Pesticide Case; (7) Two Colorado Businessmen Charged with Asbestos Abatement Violations; (8) Iowa Dairy Farmer Arrested on Clean Water Act Charges
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EPA Press Advisory: (1) EPA Report: 2004 Cars and Trucks Average 20.8 MPG; No Change from 2003; (2) Proposal Seeks Comment on Clarified Language Used on Public Health Mosquito Control Product Labels; (3) Grants Awarded to Fund Biological Pesticide Demonstration Projects; (4) Proposals for Research on Endocrine Disrupting Chemicals Requested; (5) 13 Small Businesses and Congregations Awarded for Promoting Energy Efficiency; (6) Alabama Man Sentenced to 41 Months in Counterfeit Pesticide Case; (7) Two Colorado Businessmen Charged with Asbestos Abatement Violations; (8) Iowa Dairy Farmer Arrested on Clean Water Act Charges

Following are some Agency developments which may interest you. If you need
more information on any of these subjects, call the appropriate contact.

News for release: (Washington, D.C. -- April 28, 2004)

(1) EPA Report: 2004 Cars and Trucks Average 20.8 MPG; No Change from 2003

John Millett 202-564-7842 / millett.john@epa.gov

Model year 2004 vehicles are estimated to average 20.8 miles per gallon (mpg) according to EPA's annual fuel economy trends report. Light-Duty Automotive Technology and Fuel Economy Trends: 1975 through 2004 provides data on the fuel economy and performance characteristics of light-duty vehicles (cars, vans, sports utility vehicles (SUVs), and pickup trucks) for model years 1975 through 2004. Since 1997 fuel economy has been relatively constant, ranging from 20.6 to 20.9 mpg. Fleet-average fuel economy peaked in 1987 at 22.1 mpg, but has declined since then due to the increasing popularity of less fuel-efficient light trucks, particularly SUVs. This year, cars are projected to account for 52 percent of vehicle sales and light trucks are projected to account for the remaining 48 percent. While fuel economy levels have been relatively unchanged recently, vehicle performance (e.g. power) has nonetheless increased as manufacturers continue to respond to consumer demands and apply innovative technologies to more cars and light trucks. Moreover, refinements to catalytic converters, transmissions, fuel injection, and electronic controls have made today's cars cleaner and more durable than ever before. Recent technology developments, such as hybrid-electric vehicles, clean diesel technology and variable displacement engines hold promise for the near-term future. The new report can be found at: http://www.epa.gov/otaq/fetrends.htm .
(2) Proposal Seeks Comment on Clarified Language Used on Public Health Mosquito Control Product Labels

Dave Deegan 617-918-1017 / deegan.dave@epa.gov

A draft guidance document concerning labeling statements for pesticide products used for wide-area applications to control adult mosquitoes has been released for public review and comment. Pesticide products intended for homeowner use or for the control of mosquito larvae, are not included in the draft recommendations. The proposal concerns pesticide products that are typically applied by ultra-low volume aerial or ground application methods. EPA has developed these proposals to help clarify some labeling statements that may have been unclear to users, and to promote consistency between label statements for this class of products. The new language will help public health mosquito control officials optimize mosquito control techniques while ensuring that use of these products will not pose unreasonable risks to public health or the environment. EPA worked with state agencies to develop initial recommendations on this issue. The Agency will accept comments on the proposals for 90 days. The document, called “Labeling Statements on Products Used for Adult Mosquito Control,” is available at: http://www.epa.gov/PR_Notices/ .
(3) Grants Awarded to Fund Biological Pesticide Demonstration Projects

Dave Deegan 617-918-1017 / deegan.dave@epa.gov

Joint grants totaling $102,000 have been awarded to nine projects designed to demonstrate the effective use of biological pesticides, called biopesticides, to promote their adoption in agriculture. Biopesticides are certain types of pesticides derived from such natural materials as animals, plants, bacteria, and certain minerals. They pose fewer health and safety concerns than conventional, chemical pesticides. The nine awardees were selected from more than 40 proposals evaluated jointly for technical merits by both EPA and U.S. Dept. of Agriculture staff. The grants have been awarded based on criteria including the potential for risk reduction combined with effective pest control. With more than 30 biopesticides included in the proposals, innovative measures include promoting rotations between reduced risk conventional pesticides and novel combinations of biopesticides as part of biologically-intensive Integrated Pest Management (IPM) systems. A wide range of specialty crops, nursery crops, rangeland and turf were represented in the proposals. Recipients of biopesticide demonstration grants are: Michigan State University for a Biopesticide-based, Area-wide Approach to Managing Codling Moth in Michigan Apple; Cornell University for Effectiveness of the Biological Pesticide Serenade (Bacillus subtilis) within an Apple IPM System to Control Major Diseases; University of Wyoming for Evaluation of Mycotrol OŽ (Beauveria bassiana, GHA strain) Application enhanced with Canola Oil to Prevent Grasshopper Infestation of Improved Pastures and Irrigated Fields; University of Maine for Effective Tactics for the Biopesticide Botanigard Alone and in Conjunction with Spintor for Control of the Blueberry Flea Beetle; Colorado State University for Incorporating Nuclear Polyhedrosis Virus into an IPM Program for Corn Earworm; Cornell University for Evaluating Several Biopesticides for Powdery Mildew in Cucurbit Crops; University of California-Davis/AgraQuest, Inc. for Effectiveness of Serenade, Bacillus subtilis, within a grape IPM Program to Control Powdery Mildew and Botrytis bunch rot; University of Arizona for Effectiveness of Contans and Serenade within a Biologically Intensive Integrated Pest Management System for ineSclerotinia Drop on Lettuce; and Mississippi State University for a Trial of Bio-Fungicides with Efficacy for Controlling Dollar Spot in Turfgrasses. More information on EPA’s regulation of biopesticides is available at: http://www.epa.gov/pesticides/biopesticides/
(4) Proposals for Research on Endocrine Disrupting Chemicals Requested

Suzanne Ackerman 202-564-7819/ackerman.suzanne@epa.gov

To better understand the dose-response relationship for endocrine disrupting chemicals (EDCs), EPA is requesting research proposals that characterize EDC exposure and resulting health effects during critical periods of development, including in utero or early postnatal exposure. Endocrine disruptors or EDCs are chemicals in environmental pollutants that are believed to cause adverse effects in humans and wildlife through interference with hormonal systems. Some 1990’s research observed greater effects at lower EDC levels (the low-dose effect hypothesis), which contradicts the scientific assumption that the incidence or severity of toxic effects increase in proportion to the quantity/dose of a contaminant. Yet these low-dose findings have been difficult to replicate. The requested research will help EPA understand factors that influence biological response over a range of dose levels, including environmental levels. This research could potentially change dose selection in toxicological studies and how the resulting data is applied to risk assessments. Institutions of higher education, non-profit U.S. institutions, and tribal, state and local governments, are eligible to apply. EPA expects to make up to 11 awards for an average of $200,000 per year for three years of research under its Science to Achieve Results (STAR) program. The deadline for submitting proposals for these research grants is June 1. For more information on this request for applications, see: http://es.epa.gov/ncer/rfa/2004/2004_low_dose.html . For more information about the EPA STAR program, see: http://es.epa.gov/ncer .
(5) 13 Small Businesses and Congregations Awarded for Promoting Energy Efficiency

John Millett 202-564-7842 / millett.john@epa.gov

Today EPA is announcing the 13 small businesses and congregations around the country that are winning ENERGY STAR awards for their contributions to reducing greenhouse gas emissions through energy efficiency. Awards are given to individual small businesses and congregations as well as institutions and/or associations that promote energy efficiency among small commercial facilities. The award winners are: Gregory Supply Company of Burlington, Vt., Wingate Inn of Bozeman, Mont. and T & Y Market (formerly Big G Foods) of Sacramento, Calif. The congregational winner was All Saints Parish of Brookline, Mass., and the nonprofit winners were Advocacy of the Visual Arts of Gillette, Wyo., and Energy Trust of Portland, Ore. Also, being recognized for their support of small business and congregational energy efficiency are Alliance for Climate Action, Burlington, Vt., California Interfaith Power and Light, Sacramento, Calif., California Pubic Utility Commission, Sacramento, Calif., New Jersey Partnership for Environmental Quality, Trenton, N.J., Small Business Association of Michigan, Lansing, Mich., National Grid, Westborough, Mass., and United Illuminating Company, New Haven, Conn. For more information go to: http://www.energystar.gov/smallbiz or call 1-888-STAR-YES.

Weekly Enforcement Wrap Up

Suzanne Ackerman 202-564-7819 / ackerman.suzanne@epa.gov

(6) Alabama Man Sentenced to 41 Months in Counterfeit Pesticide Case

On Apr. 21, William C. Murphy of Glencoe, Ala., was sentenced to serve 41 months in prison and pay a $45,305 fine for his conviction on 17 counts of violating the Federal Insecticide, Fungicide and Rodenticide Act and 11 counts of trafficking in counterfeit goods. Operating under the company name of Sierra Chemical, the defendant sold counterfeit, misbranded, adulterated and/or mislabeled pesticides to municipalities in Alabama and Georgia. The towns applied these products to control mosquitos and the spread of the West Nile Virus. Selling altered, counterfeit or improperly branded and labeled pesticides can present a significant public health risk because the substances may not protect people from disease-carrying insects. The unauthorized substances in counterfeit pesticides can also pose an environmental risk, especially when sprayed over large areas. The case was investigated by the Jacksonville and Atlanta Area Offices of EPA’s Criminal Investigation Division, the FBI, EPA's Office of Inspector General, EPA Region 4 Pesticide and Toxics Division and the Alabama Department of Agriculture and Industry. It was prosecuted by the U.S. Attorney’s Office for the Northern District f Alabama and the Environmental Crimes Section of the U.S. Department of Justice.
(7) Two Colorado Businessmen Charged with Asbestos Abatement Violations

Joseph J. Cannella, of Arvada, Colo., and Steven Douglas Herron, of Aurora, Colo., were indicted on Apr. 8 on charges relating to a 1999 asbestos abatement project at the Fort Morgan High School in Morgan County, Colo. Cannella was a senior management employee of the asbestos abatement company, National Service Cleaning Corporation (NSCC). Herron operated a consulting firm hired by Morgan County School District to supervise and certify NSCC’s asbestos renovation work. The 11-count indictment alleges that the defendants conspired to violate the Clean Air Act (CAA), make false statements, and commit mail fraud. The defendants allegedly did not wet the asbestos during its removal, properly lower it, dispose of it in leak-tight wrapping, or promptly deposit it at a waste disposal site. Improper handling of asbestos can cause asbestos fibers to become airborne, and inhaling airborne asbestos is a cause of lung cancer, the lung disease “asbestosis” and mesothelioma, cancer of the chest and abdominal cavities. The defendants also allegedly submitted fraudulent invoices to the school district, falsely certifying that work was completed according to contract terms and federal law. Both defendants face mail fraud counts for submitting false invoices and certifications through the U.S. Postal Service. If convicted, they face a maximum of up to five years in federal prison and/or a $250,000 fine for each of five counts of CAA violations, each of four counts of mail fraud, and for one count of conspiracy and one count of making a false statement. The case was investigated by the Denver Area Office of EPA’s Criminal Investigation Division, the Internal Revenue Service Office of Criminal Investigations, and the Bureau of Immigration and Customs Enforcement. It is being prosecuted by the U.S. Attorney’s office for the District of Colorado. An indictment is merely an allegation and all defendants are presumed innocent unless or until they are proven guilty in a court of law.
(8) Iowa Dairy Farmer Arrested on Clean Water Act Charges

Carl Simon, a dairy farmer from Farley, Iowa, was arrested on Apr. 12 and charged the next day with violating the Clean Water Act by discharging hazardous waste. The charges allege that since 1998, Simon received several Notices of Violation from the Iowa Department of Natural Resources for discharging manure and other agricultural waste into Hogan’s Branch Creek, a tributary to the Mississippi River. Despite these notices, Simon allegedly built a drainage ditch from a manure lagoon to a ledge directly over Hogan’s Branch Creek. Discharging manure into surface waters can harm fish and other wildlife and can make the waters unsuitable for drinking water and recreational purposes. The case was investigated by the St. Louis Area Office of EPA’s Criminal Investigations Division, the Iowa Department of Natural Resources, the Iowa Attorney General’s Office, and the Iowa Division of Criminal Investigation. It is being prosecuted by the U.S. Attorney’s office for the Northern District of Iowa. An indictment is merely an allegation and all defendants are presumed innocent unless or until proven guilty in a court of law.


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